Document 9.2.1 Coldwell Banker Commercial Devonshire Realty

LISTING (Exclusive Right to ) Commercial – Industrial

IT IS RECOMMENDED THAT PARTIES CONSULT AN ATTORNEY REGARDING THIS TRANSACTION

This Contract is entered into on the day of February, 2013 by COLDWELL BANKER COMMERCIAL DEVONSHIRE REALTY (Broker) and RAILS (Lessor), for the lease of real estate commonly know as 600 Highpoint Rd., East Peoria in Township, Tazewell County, Illinois 61611 Zip Code, Tax ID number 05-05-03-303-019 the legal description of which is attached (Exhibit “A”) or described as follows: SEC 3 T25N R4W GLENDALE SUBD LOT F (EXC TRACT 1 & HWY) & TRACT 2 OF LOT E SW 1/4 4.5 AC (the “”).

In consideration of the mutual covenants herein and services to be performed, Broker is appointed as Lessor’s agent with irrevocable and exclusive right to lease the Property during the Term for the following price and terms. Where the word “Lessor” appears, it shall also mean “;” “Lessee” shall also mean “Tenant;” and “Broker” shall include any salesperson associated with the Broker’s firm. “Property” shall mean all property offered for lease pursuant to this Contract as defined in Section D and E (if applicable) below.

A. TERM: This Contract begins on the day of February , 2013, and shall continue until midnight on the day of January , 2014; provided, however, if Lessor enters into a lease during the term of this Contract, but the of the lease will not take place until after the term of this Contract, then this Contract shall be extended to coincide with the closing date of the lease. And, further provided that if Lessor enters into a lease within 90 days after the expiration date of this Contract with a Lessee who was first introduced to the Property during the term of this Contract and who was identified before the end of this Contract, then this Contract shall be extended to coincide with the closing date of the lease.

B. BROKER’S COMMISSION: Lessor agrees to pay Broker a commission, which shall be determined and paid as follows: 1. LEASE: If Lessor enters into a lease during the term of this contract then, Lessor shall pay Broker a commission of six percent (6%) of the total gross amount to be received by Lessor during the initial term of the lease, which commission shall be paid at the time Lessor and Lessee (successor or assign) enter into a lease. If the lease is renewed or extended, Lessor shall pay Broker a commission of n/a percent ( %) of the total gross amount to be received by Lessor during the renewal or extension term of the lease, which commission shall be paid at the time the renewal/extended lease term begins. If the leased premises is sold to the tenant during the initial term, the sale shall be subject to a n/a percent ( %) commission of the gross sale price, which commission shall be paid when title to or an interest in the Property is transferred. 2. DEFAULT: If Lessor enters into a fully executed lease and Lessor defaults under that contract, then a commission in the same amount as would have been payable upon lease execution pursuant to this Contract shall be due immediately upon such default. 3. READY, WILLING AND ABLE PERSON: If Broker procures a written offer from a Lessee who is ready, willing and financially able to consummate a lease transaction concerning the Property according to the terms contained in this Contract, and Lessor refuses to accept the offer, Broker shall be immediately entitled to a commission in the same amount as would have been payable upon lease signing pursuant to this Contract.

______Lessor Initial

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C. PRICE: Lessor offers the Property for LEASE at a rent of $8.50 per sq.ft payable upon the following terms and conditions: Landlord to Pay: Utilities CAM Taxes Insurance Tenant to Pay: Utilities CAM Taxes Insurance Landlord expects a of $ month's rent. Lessor offers the Property for sale, exchange, option or lease upon any other price and terms acceptable to Lessor as evidenced by Lessors’ execution and delivery of a written contract with respect to the Property.

D. PROPERTY OFFERED FOR LEASE: The above price(s) includes the real estate together with all buildings and all permanent improvements and fixtures attached thereto; except the following items to be EXCLUDED (if any):

E. OFFERED FOR LEASE: The above price includes the following items of personal property to be INCLUDED in the lease:

F. AGENCY DISCLOSURES: Broker designates Joe Gehrig & Bruce Alkire (“Lessor’s Designated Agent”), as sales associate affiliated with Broker, as the only legal agent of the Lessor. Broker reserves the right to name additional designated agents when in Broker’s discretion it is necessary. If additional designated agents are named, Lessor shall be informed in writing within a reasonable time. Lessor understands and agrees that this agreement is a contract for Broker to market Lessor’s property and that Lessor’s Designated Agent is the only legal agent of Lessor. Lessor’s Designated Agent will be primarily responsible for the direct marketing and lease of the Lessor’s property. Broker is authorized to show the property to prospective Lessees represented by Lessee’s agents, and Lessor authorizes Broker to pay a part of the above commission to Lessee’s agent or other cooperating agents. Lessor acknowledges that the compensation offered to such cooperating brokers may vary from broker to broker. Lessor understands that Broker and/or Lessor’s designated Agent may have previously represented a Lessee who is interested in Lessor’s property. During that representation, Broker and/or Lessor’s Designated Agent may have learned material information about the Lessee that is considered confidential. Lessor understands and agrees that under the , neither Broker nor Lessor’s Designated Agent may disclose any such confidential information to Lessor even though the Broker and/or Lessor’s Designated Agent now represent Lessor. Lessor further understands and Does Does Not [SELECT ONE] consent, at this time, to allow Broker and/or Lessor’s Designated Agent to act as a Dual Agent as detailed in the State mandated DISCLOSURE AND CONSENT TO DUAL AGENCY document, which Lessor has read and Has Has Not [SELECT ONE] signed as an addendum to this Contract. Lessor understands and agrees that other sales associates affiliated with Broker, other than Lessor’s Designated Agent(s), may represent the prospective Lessee of Lessor’s Property and may be acting as a Lessee’s Designated Agent. Lessor agrees to immediately refer to Lessor’s Designated Agent all prospective Lessees or brokers who contact Lessor for any reason with respect to the Property and to provide Lessor’s Designated Agent with their names and addresses.

G. LESSOR’S COVENANTS: Lessor agrees to cooperate with Broker, its agents and cooperating brokers fully with respect to Broker’s efforts to market and lease the Property. Lessor agrees to refer to Broker all inquires received relating to the lease of the Property and to conduct all negotiations with prospective Lessees of the Property through Broker. Lessor further agrees to furnish Broker any information concerning the Property as Broker may reasonably request from time to time.

Lessor has viewed the Broker’s marketing package and elects to pay an additional $NA at the time of execution of this agreement which shall be used exclusively for additional marketing.

H. LESSOR REPRESENTATIONS: LESSOR REPRESENTS AND WARRANTS TO BROKER THAT TO LESSOR’S BEST KNOWLEDGE AND BELIEF: 1. Lessor (i) holds title to the Property in ; (ii) is authorized and has the capacity to execute and deliver this Listing Contract; and (iii) has the ability to convey a good and marketable title by and/or enter into a lease agreement consistent with Section C, hereof. 2. The Property:

______Lessor Initial

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 is Zoned ;  is is not located in a Historic District;  is is not located in a flood plain.

3. Lessor further certifies that there presently exists no defect or condition known to Lessor which would adversely affect or materially impair the fitness of the Property for its existing use, EXCEPT:

4. There are no actions, suits or proceedings pending or threatened against Lessor or the Property before any judicial tribunal or governmental agency, department or instrumentality, which affect any portion of the Property, EXCEPT:

5. There are no pending or threatened with respect to the Property nor has Lessor received any notices of any action being contemplated. 6. Lessor has not received any notice in writing or otherwise from any governmental or municipal agency requiring the correction of any condition with respect to the Property or any part thereof, by reason of a violation or alleged violation of any applicable federal or state statute, ordinance, code or regulation, EXCEPT:

7. The Property does not contain any material defects that would aversely affect the market value or existing use of the Property whether or not such defects could be discoverable by reasonable inspection of the Property.

I. MARKETING: Lessor authorizes Broker to place and remove Listing signs on or from the Property. Lessor further authorizes Broker or cooperating brokers to conduct showings of the Property. Lessor represents that adequate insurance will be kept in force to protect Lessor in the event of any damage, loss or claim arising from entry to the Property.

J. INDEMNITY: Lessor agrees to indemnify, defend and hold Broker harmless from any and all claims of every kind and character resulting from or related to Lessor’s furnishing Broker or causing Broker to be furnished with any false, incorrect or inaccurate information or representations, or Lessor’s concealment of any material information. If a dispute arises at any time concerning the condition of the Property, the structures, improvements permanently installed and affixed thereto, Property defects, or health hazards, Lessor agrees to indemnify, defend and hold harmless Broker, its agents and any cooperating broker from and against any and all claims which they may incur as a result of any dispute. Lessor’s indemnity obligations shall include any and all demands, liabilities, damages, losses, judgments, expenses, costs and attorney fees.

K. BROKER’S : For purposes of this Contract, the parties understand and agree that Broker’s commission is deemed to be a share of the money received by Lessor. Broker has the right to pursue appropriate legal remedy until the commission is paid.

L. ADDITIONAL PROVISIONS: Lessor and Broker acknowledge that:

1. All persons signing below as Lessor have read and understand this Contract. 2. This contract contains the entire agreement of the parties and cannot be changed except by their written consent. This Contract supercedes all prior agreements and understandings between the Lessor and Broker with respect to the Property. 3. This Contract is binding upon the parties’ heirs, administrators, executors, successors and assigns. 4. Broker warrants that Broker holds a valid Illinois real estate . 5. Broker may refer Lessor to other professionals, service providers or product vendors, including lenders, loan brokers, title insurers, escrow companies, inspectors, surveyors, engineers, consultants, environmental inspectors and contractors. Broker has no responsibility for the performance of any service provider. Lessor is free to select providers other than those referred or recommended to the Lessor by Broker. 6. If it becomes necessary for Broker to retain an attorney or initiate any legal proceedings in order to secure compliance with this Contract then in addition to all other sums Broker may be entitled to recover, Broker shall also be entitled to recover court costs, reasonable attorney fees, pre-judgment and post-judgment interest and all other costs incurred by Broker in connection therewith. Lessor acknowledges that Broker shall have all rights granted to brokers under the Commercial Real Estate Broker Lien Act.

______Lessor Initial

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7. This Contract may be transmitted between the parties by facsimile machine. The parties intend that faxed signatures constitute original signatures and are binding on the parties. The original document shall be promptly executed and/or delivered, if requested. 8. Broker’s commission, if overdue, shall bear interest at two percent (2%) per month. 9. Broker is not and shall not be charged with the responsibility for the custody, management, care, maintenance, protection or repair of the Property nor for the protection or custody of any personal property located thereon unless provided for in another agreement. Lessor agrees to keep the property in good repair/condition during the term of this Contract. 10. Broker’s commission for services rendered in respect to any listing is solely a matter of negotiation between Broker and Lessor and is not fixed, controlled, recommended or maintained by the Illinois Association of Realtors®, the Peoria Association of Realtors®, or any other person not a party to the Contract. The compensation paid by a listing Broker to a cooperating broker in respect to any listing is established by the listing Broker and is not fixed, controlled, recommended or maintained by any person other than the listing Broker. 11. Lessor Has Has Not [SELECT ONE] supplied Broker with a key(s), or other access, to the Property, which may be accessed with an appointment only by Sales Agents and other affiliates (which may include Inspectors, Appraisers, Photographers, etc.) 12. The parties understand and agree it is illegal for either of the parties to refuse to display or lease Lessor’s Property to any person on the basis of race, color, religion, national origin, sex, ancestry, age, marital status, physical or mental handicap, familial status, military status, unfavorable discharge from military service, or any other class protected by Article 3 of the Illinois Human Rights Act. The parties agree to comply with all applicable federal, state and local fair housing .

______Lessor Initial

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LESSOR’S DESIGNATED AGENT INFORMATION

Joe Gehrig & Bruce Alkire LESSOR’S DESIGNATED AGENT SIGNATURE & DATE LESSOR’S DESIGNATED AGENT / PRINTED

Coldwell Banker Commercial Devonshire Realty 4507 N. Sterling Avenue, Suite 203 BROKER OR COMPANY NAME MAILING ADDRESS

(309) 692-7707 Peoria, Illinois 61615 TELEPHONE NUMBER CITY, STATE, ZIP [email protected]

(309) 692-7534 [email protected] FAX NUMBER AGENT E-MAIL ADDRESS

LESSOR INFORMATION

LESSOR’S SIGNATURE & DATE LESSOR’S NAME / PRINTED

SELLER’S TITLE FEDERAL ID #

. MAILING ADDRESS CITY, STATE, ZIP

TELEHONE NUMBER FAX NUMBER

LESSOR’S SIGNATURE & DATE LESSOR’S NAME / PRINTED

SELLER’S TITLE FEDERAL ID #

MAILING ADDRESS CITY, STATE, ZIP

TELEPHONE NUMBER FAX NUMBER

______Lessor Initial

______Sales Agent Initial Page 5 of 5 Document 9.2.1